Domestic Battery

Domestic battery is among the most common of all crimes charged. Arguments or accidents in the home may lead to an emergency call. State laws often require police to make an arrest when responding to a home domestic violence call. Mandatory arrest laws result in criminal charges against many individuals who did nothing wrong. 

Do not give in to domestic battery charges. The consequences of a domestic battery conviction can be severe. You may have a reliable defense to domestic battery charges, even if you know you did something wrong. Retain the skilled and experienced attorneys at the Lento Law Group for the nationwide defense of domestic battery charges.

The Elements of Domestic Assault or Domestic Battery

Some states call the crime domestic assault, while other states call the same crime domestic battery. Other states define assault as a threat and battery as the threat carried out. The common elements of assault or battery generally include intent to bring about the harm or offense, plus the occurrence of the harm or offense, or the threat of its imminent occurrence. Domestic assault or battery adds an element of a domestic relationship between the alleged perpetrator and victim. Qualifying domestic relationships generally include spouses, former spouses, parents of a shared child, present or former cohabitants in an intimate relationship, or persons in a recent or former dating relationship. Examples include:

• one spouse strikes the other spouse in a fit of anger during an argument;
• one spouse threatens the other spouse with a knife or gun to coerce action;
• a former spouse threatens to shoot the other over child custody;
• live-in intimate companions argue, and one shoves the other to the floor;
• a former date beats up the other over the other’s new dating relationship;
• one parent slugs the other parent in an argument over their child; and
• a parent grabs and shakes a young child to punish, breaking the child’s arm.

The Consequences of Domestic Assault or Domestic Battery

A conviction for domestic assault or domestic battery can have severe consequences. Consider carefully the following potential consequences. Don’t underestimate what you face and the harm that a conviction may do to your life. Take domestic battery charges most seriously.

Criminal Penalties for Domestic Battery

States punish domestic assault or domestic battery as either a misdemeanor or felony crime. Misdemeanor crimes generally carry a jail sentence of up to six months or one year. A first-offense domestic battery may carry no more than thirty to sixty or ninety days in jail. Second offenses extend that period. Felony crimes can carry prison terms of up to five, ten, or even more years. A felony domestic battery conviction can result in many years in prison. States also impose fines for misdemeanor and felony domestic battery crimes, ranging from a few hundred dollars to many thousands of dollars.

Domestic Battery Consequences for Child Custody and Family Relationships

A conviction for domestic battery can carry serious consequences for family relationships. You could lose custody of your child or children. State protective services may remove your child or children from your home or bar you from the home, while preventing you from having any contact with your child or children. A domestic battery conviction may also end your marriage or other relationship with the alleged victim. A conviction may also lead other family members, whether parents, siblings, or adult children, to cut off contact with you.

Domestic Battery Consequences on Employment

A conviction for domestic battery may also severely affect your vocation. If you hold a professional license or vocational certification, you may face disciplinary proceedings to revoke or suspend your license or certification. You could lose your professional or vocational practice and income. Even if you do not suffer license discipline, or you work without a license, your employer may decide to terminate you for a domestic battery conviction. If you are self-employed, your clients or customers may refuse to do business with you.

Other Domestic Battery Consequences

A conviction for domestic battery can also affect your school enrollment, firearms license, security clearance, immigration status, and other similar rights, privileges, and interests. A conviction for domestic battery may prevent you from serving as a volunteer and can ruin your community reputation and relationships. A domestic battery conviction can also have serious mental, physical, and emotional effects. You have a tremendous amount riding on your domestic battery charges. Mount your best possible defense.

Defending Domestic Assault or Domestic Battery Charges

Skilled criminal defense representation may result in a reliable defense to your domestic battery charges. A charge does not mean that you committed any crime. The prosecution must prove each element of the charge beyond a reasonable doubt. That’s the highest proof standard. All our attorneys need to do to prevail in your defense is raise a reasonable doubt about the prosecution’s theory or the quality of the prosecution’s evidence on any element of the charge. Defenses to a domestic battery charge may include:

• fabricated allegations, such as to retaliate against you or to coerce you to relinquish property or other rights to your accuser;
• self-defense, such as where you were only using reasonable force to protect yourself against your accuser who was assaulting you;
• defense of others, such as where your accuser suffered injury when you tried to restrain the accuser from injuring children or others;
• defense of property, such as where your accuser was destroying home furnishings and effects when you tried to restrain your accuser;
• accident, such as where the contact with your accuser happened innocently when you did not know your accuser was there; and
• police or prosecutor violation of your constitutional rights, resulting in the suppression and exclusion of evidence.

Premier Criminal Defense Representation Nationwide

Your best move is to retain the Lento Law Group’s skilled and experienced attorneys to defend your domestic battery criminal charges. Don’t leave your family relationships, reputation, and vocation at risk. Get premier defense nationwide. Call 888-535-8652 for a free consulation.